Browning v. Rodman

Citations

• 268 Pa. 575
• 111 A. 877
• 1920 Pa. LEXIS 739

Syllabus

<p>Contract — Sale of land — Fraud—False representations — Extension of time — Waiver of fraud — Estoppel—Vendor and vendee— Charge — Failure to request.</p> <p>1. One induced by fraud to make a contract may elect to repudiate the contract or to affirm it and sue in deceit, or demand damages by way of a counterclaim in a direct action on the contract.</p> <p>2. If the subject of the Sale is open to the buyer’s observation, or, by reasonable inquiry, its true condition might have been known, he is bound to examine and inquire, or insist on the warranty.</p> <p>3. Acts done in furtherance of a contract after knowledge of the fraud is a waiver by the defrauded party.</p> <p>4. To constitute a waiver, it must be clear that full knowledge of all the material facts has been obtained and the party intends to abide by the contract.</p> <p>Practice, C. P. — Trial—Points.</p> <p>5. Points which assume facts which the evidence shows are in dispute, cannot be affirmed.</p> <p>Contract — Vendor and vendee — Damages—Sale of land.</p> <p>6. The measure of damages suffered by one who is fraudulently induced to make a contract of sale, purchase or exchange of properties, is the difference between the actual value of that which is parted with and the actual value of that which he receives under the contract.</p>